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(영문) 서울중앙지방법원 2017.02.15 2014고합682 (1)

자본시장과금융투자업에관한법률위반등

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A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

[Criminal record] On October 21, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court (Seoul High Court) and completed the execution of the above punishment on October 7, 201.

[2] The Defendant and F, on October 201, 201, have the right to manage and acquire shares of H Co., Ltd. (hereinafter “Stock Co., Ltd.”) from Gman who was a KOSDAQ-listed company (hereinafter “Co., Ltd.”) from Gman.

The acquisition cost of KRW 70 million to KRW 80,000,000 will be paid in part of the Stockholm options after the completion of acceptance on the face of the Do and State.

“” has heard horses.

However, in fact, G is not the subject of acquiring H shares and management rights, but the quantity and amount of shares to be received through Stockholm options have not been determined, and the defendant and F also did not confirm the quantity and amount of shares to be received from G, and even if receiving H shares sales proceeds from other people, it was very unclear whether the above shares can be actually sold to them.

Nevertheless, the Defendant, along with F, conspiredd to acquire H stocks with F, as if they can sell the H stocks at a low price of KRW 800 per share, and to acquire money in the name of the purchase price of stocks.

1. F will take over management rights and shares by acquiring a victim E from his office located on the fourth floor of the Gangnam-gu Seoul Metropolitan Government I building in early November 201, 201.

As accepted, H shares will be sold at a low price until December 15, 201.

At present, when acquiring 1,400 won per share, 800 won per share would be 100,000 won per share, and first, 80,000 won per share would be invested.

The Defendant and F, as above, deceiving the victim, and the victim from whom they belong, shall be designated by the Defendant of 430,000 shares of J Co., Ltd. equivalent to KRW 130,000,000 at the market price of the victim possessed around November 201.